January 17, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                     SB 526
       
       
       
       By Senator Fasano
       
       
       
       
       11-00464-10                                            2010526__
    1                        A bill to be entitled                      
    2         An act relating to travel buying clubs and travel
    3         buying services; amending s. 559.3903, F.S.;
    4         authorizing a person who has elected to become a
    5         member of a travel buying club or travel buying
    6         service to cancel the membership within a specified
    7         period; requiring the travel buying club or travel
    8         buying service to hold in escrow the membership fee
    9         paid by the person until the end of the cancellation
   10         period; amending s. 559.3904, F.S.; requiring that
   11         every contract for a travel buying club or travel
   12         buying service be in writing, be signed by the member,
   13         designate the date on which the member signed the
   14         contract, and state, clearly and conspicuously in
   15         boldfaced type, specified information regarding
   16         cancellation of the contract; amending s. 559.3905,
   17         F.S.; requiring each buying club, travel buying club,
   18         or travel buying service to disclose to each
   19         prospective member in writing, before signing a
   20         contract for buying services, all complaints filed
   21         with the Department of Agriculture and Consumer
   22         Services and the Department of Legal Affairs; amending
   23         s. 559.927, F.S.; redefining the term “seller of
   24         travel” for purposes of part XI of ch. 559, F.S., to
   25         include travel buying clubs and travel buying
   26         services; providing an effective date.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (6) is added to section 559.3903,
   31  Florida Statutes, to read:
   32         559.3903 Contracts of membership; right of cancellation;
   33  how exercised; entitlement to refund; right not waivable.—
   34         (6)Any person who has elected to become a member of a
   35  travel buying club or travel buying service may cancel the
   36  membership by giving written notice of cancellation any time
   37  before 12 midnight of the 30th business day following the date
   38  on which membership was attained. Any membership fee paid by the
   39  person must be held in escrow by the travel buying club or
   40  travel buying service until the end of the cancellation period.
   41         Section 2. Subsection (2) of section 559.3904, Florida
   42  Statutes, is amended to read:
   43         559.3904 Contracts of membership; requirements; notice;
   44  effect of noncompliance.—
   45         (2)(a) Every contract must shall be in writing, must shall
   46  be signed by the member, must shall designate the date on which
   47  the member signed the contract, and must shall state, clearly
   48  and conspicuously in boldfaced type of a minimum size of 14
   49  points, the following:
   50                      “MEMBER’S RIGHT TO CANCEL                    
   51  
   52         If you wish to cancel this contract, you may cancel by
   53  delivering or mailing a written notice to the club. To prove
   54  that you canceled, it is recommended that you send the notice by
   55  certified mail. The notice must shall state that you do not wish
   56  to be bound by the contract and must shall be delivered or
   57  mailed before 12 midnight of the third business day after you
   58  sign this contract. The notice must shall be delivered or mailed
   59  to: (insert name and mailing address of club). If you cancel,
   60  the club will return, within 10 days after of the date on which
   61  you give notice of cancellation, a total refund. It is
   62  recommended that you mail the notice of cancellation by
   63  certified mail, return receipt requested; check with your post
   64  office as to the time when you will be able to mail a certified
   65  letter. Be sure to keep a photocopy of the notice of
   66  cancellation which you mail.”
   67         (b)Every contract for a travel buying club or travel
   68  buying service must be in writing, must be signed by the member,
   69  must designate the date on which the member signed the contract,
   70  and must state, clearly and conspicuously in boldfaced type of a
   71  minimum size of 14 points, the following:
   72                      “MEMBER’S RIGHT TO CANCEL                    
   73  
   74         If you wish to cancel this travel buying club contract or
   75  travel buying service contract, you may cancel by delivering or
   76  mailing a written notice to the club. To prove that you
   77  canceled, it is recommended that you send the notice by
   78  certified mail. The notice must state that you do not wish to be
   79  bound by the travel buying club or travel buying service
   80  contract and must be delivered or mailed before 12 midnight of
   81  the 30th business day after you sign this contract. The notice
   82  must be delivered or mailed to: (insert name and mailing address
   83  of club). If you cancel, the travel buying club or travel buying
   84  service will return, within 10 days after the date on which you
   85  give notice of cancellation, a total refund. It is recommended
   86  that you mail the notice of cancellation by certified mail,
   87  return receipt requested; check with your post office as to the
   88  time when you will be able to mail a certified letter. Be sure
   89  to keep a photocopy of the notice of cancellation which you
   90  mail.”
   91         Section 3. Subsection (1) of section 559.3905, Florida
   92  Statutes, is amended to read:
   93         559.3905 Required disclosures; prohibited acts.—
   94         (1) It is shall be unlawful for any buying club, travel
   95  buying club, or travel buying service to fail to disclose to a
   96  prospective member in writing, before prior to the sale of any
   97  contract for buying services:
   98         (a) That goods or services can only be bought only through
   99  catalogs with no opportunity to inspect samples if such is the
  100  case.
  101         (b) The buying club’s policies regarding warranties or
  102  guarantees on goods ordered, return of ordered goods by buyers,
  103  procedures for cancellation of merchandise orders by the buyer,
  104  and refunds of deposits for the cancellation of orders.
  105         (c) Any charges, such as estimated freight costs, handling
  106  fees, credit life or disability insurance, suppliers’ and buying
  107  clubs’ markup, and other costs incidental to the purchase of
  108  goods through the buying club and which are to be paid by the
  109  buyer.
  110         (d) Advice that the contract for buying service or
  111  incidental retail installments contracts will be transferred,
  112  sold, or assigned to a third party if such practice is the case.
  113         (e) The percentage of the purchase price required as a down
  114  payment on merchandise orders of any nature. This prohibition
  115  applies in all cases where rebates are offered, regardless of
  116  whether such promised rebates are contingent upon the seller’s
  117  ability to enroll the referred persons into the buying club.
  118         (f)All complaints that have been filed with the Department
  119  of Agriculture and Consumer Services and the Department of Legal
  120  Affairs with respect to that buying club, travel buying club, or
  121  travel buying service.
  122         Section 4. Subsection (11) of section 559.927, Florida
  123  Statutes, is amended to read:
  124         559.927 Definitions.—For the purposes of this part, the
  125  term:
  126         (11) “Seller of travel” means any resident or nonresident
  127  person, firm, corporation, or business entity who offers for
  128  sale, directly or indirectly, at wholesale or retail,
  129  prearranged travel, tourist-related services, or tour-guide
  130  services for individuals or groups, including, but not limited
  131  to, vacation or tour packages, or vacation certificates in
  132  exchange for a fee, commission, or other valuable consideration.
  133  The term includes any business entity offering membership in a
  134  travel club, travel buying club, or travel buying service, as
  135  described in s. 559.3902, services for an advance fee or
  136  payment, even if no travel contracts or certificates or vacation
  137  or tour packages are sold by the business entity.
  138         Section 5. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader